Specific Relief Act, 1963, Section 19(b) -- Agreement to sell - Subsequent purchaser without notice of earlier agreement - Subsequent purchaser was having knowledge of earlier agreement to sell - Subsequent sale deed and earlier agreement to sell scribed by the same deed writer as such this fact also establishes that subsequent vendee was having knowledge of earlier..........
Essential Commodities Act, 1955, Section 7 -- Ration Depot Holder - In register sale of 60-80 Kg. shown whereas in fact wheat supplied was 10 Kg. to ration cord holders - Four independent witnesses supported the case of prosecution - Plea of accused that he had been falsely implicated in the case as he had contested the election of Sarpanch and witnesses had opposed him in..........
Civil Procedure Code, 1908, Section 60 -- Attachment of property - Exclusion of property of an agriculturist - Not excluded - Only Building and Houses excluded in Sec 60 - Objection as to sale of agricultural land in execution of decree liable to be rejected - Further plea that such sale is prohibited in view of bar under S.37 of Rajasthan Tenancy Act also not tenable..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad interim injunction - Joint family property - One of the share holder sold property - Petitioner had no occasion to know about such sale - Purchaser of property executing gift deed of property after 40 years in favour of wife of petitioner's elder brother - Claim of petitioner for ad interim injunction against transferee..........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, Constitution of India, 1950, Article 227 -- Revisional jurisdiction - Subsequent events - Application for temporary injunction for restraining defendants from alienating suit property - Rejection - Plea of lack of proof of allegations - Appeal, against - Suit property sold by defendant during pendency of appeal -..........
Specific Relief Act, 1963, Section 22, Evidence Act, 1872, Section 101, 102, 103, 104 -- Agreement to sell - Suit for refund of earnest money on failure to execute sale deed as agreed - Trial Court decreed suit - Decree reversed by first Appellate Court on basis of oral evidence that vendor had neither executed agreement nor received earnest money - Vendor had not denied..........
Evidence Act, 1872, Section 115 -- Estoppel - Attesting witness - Sale deed - Execution of - The attestation by a witness does not work as an estoppel against him - He can always deny its contents but may not be able to deny its execution...........
Stamp Act, 1899, Section 47A -- Inadequate sale consideration - Sale deed has to be stamped as per market value and not as per consideration fixed for sale - If stamp duty is not paid as per market value of property then it is for authorities under Stamp Act to take steps as contemplated by Stamp Act but a third party to the sale transaction cannot question that..........
Transfer of Property Act, 1882, Section 55 -- Sale - Consideration - Passing of consideration is not a condition precedent for conveying title by way of sale - Title passes immediately to vendee on registration of sale deed - If stipulated consideration is not paid, vendor has to take steps for recovery of unpaid purchase money...........
Transfer of Property Act, 1882, Section 44 -- Dwelling house - Sale of part of dwelling house to a stranger - A stranger to a family is not entitled to seek joint possession with other family members...........
